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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Jeanne TT.

This case involves an appeal from an order of the Family Court of Chemung County that adjudicated the respondent a person in need of supervision (PINS) and placed her in the custody of the petitioner for 18 months. The PINS adjudication stemmed from the respondent absconding from treatment facilities on three occasions after being removed from her mother's home due to a prior neglect proceeding. The respondent argued that the Family Court abused its discretion by not substituting a neglect petition for the PINS petition and that testimony from social workers violated client-social worker privilege. The appellate court found no abuse of discretion, noting the respondent's behavior was not attributable to parental abuse and occurred while she was in residential treatment. It also ruled that the client-social worker privilege did not apply to the evidence presented, as the communications were not made to a certified social worker or intended to be confidential. Finally, the court affirmed the dispositional order, finding placement necessary given the respondent's history of incorrigible behavior and her mother's surrender of parental rights.

Family Court ActPINS proceedingPerson in Need of SupervisionClient-social worker privilegeCPLR 4508AbscondingPlacement orderAdjournment in contemplation of dismissalNeglect proceedingParental rights surrender
References
7
Case No. MISSING
Regular Panel Decision

In re Katrina CC.

This case involves an appeal from a Family Court order that adjudicated respondent to have neglected Makenzie DD. and derivatively neglected Katrina CC., and from subsequent orders of protection. The Family Court's decision was based on Makenzie's out-of-court statements alleging abuse by respondent. The appellate court reversed the Family Court's findings, concluding that Makenzie's out-of-court statements lacked sufficient corroboration as required by Family Ct Act § 1046 (a) (vi). The court emphasized that a child's repeated accusations or physical demonstrations, without expert testimony or other validating evidence, are insufficient to meet the corroboration standard. Consequently, the findings of neglect for both children were reversed, and the petition dismissed.

Neglect AdjudicationChild ProtectionFamily Court ActHearsay EvidenceCorroboration StandardAppellate ReviewDerivative NeglectOut-of-Court StatementsChild Abuse AllegationsSufficiency of Evidence
References
10
Case No. MISSING
Regular Panel Decision
Oct 07, 1988

In re Melissa R.

This case involves an appeal from an order of the Family Court of Otsego County, which granted a petitioner's application to adjudicate seven children as neglected. The investigation stemmed from a report to the State Central Register of Alleged Child Abuse or Maltreatment. Following a fact-finding hearing, the children were found neglected due to issues like academic struggles, chaotic home conditions, excessive corporal punishment, and a lack of care from the parents. The respondents appealed, contending that much of the proof was uncorroborated hearsay and that a "diligent plan" was not provided, but these arguments were rejected by the court. The order was affirmed.

neglectchild abusecorporal punishmentFamily Court ActSocial Services LawOtsego Countyappealtemporary removalcustodyfact-finding hearing
References
1
Case No. MISSING
Regular Panel Decision

In re Ashley D.

This case involves appeals from two Family Court orders, both entered on May 22, 1998. The first order adjudicated the respondent's stepdaughter as abused, and the second found his two biological daughters derivatively neglected, stemming from an incident where the respondent physically and sexually assaulted his stepdaughter on October 7, 1997. On appeal, the respondent contended that the evidence was insufficient to support the findings and that he was denied effective assistance of counsel. The Appellate Court affirmed the Family Court's findings, holding that the stepdaughter's out-of-court statements were sufficiently corroborated and that the sexual attack constituted strong evidence for derivative neglect. Furthermore, the court found no merit in the ineffective assistance of counsel claim and affirmed the denial of visitation rights.

Child AbuseChild NeglectFamily Court Act Article 10Appellate ReviewSufficiency of EvidenceCorroboration of StatementsDerivative NeglectSexual AssaultPhysical AssaultIneffective Assistance of Counsel
References
13
Case No. MISSING
Regular Panel Decision

In re Chianti FF.

This case concerns an appeal from a Family Court order in Chemung County, which adjudicated Benjamin GG., Jr. and Chianti FF. as abused and neglected children. Respondent Benjamin GG. appealed, challenging the corroboration of Chianti's hearsay statements alleging sexual abuse by him. The appellate court found sufficient evidence for corroboration, citing testimony from a senior caseworker using anatomically correct dolls and expert testimony on behavioral patterns. Additionally, the court determined there was ample evidence for physical abuse of Benjamin, Jr., based on Benjamin's admissions, and general neglect of both children. The Family Court's order was subsequently affirmed by the appellate panel.

Child AbuseChild NeglectSexual Abuse AllegationsCorroboration of HearsayExpert Witness TestimonyFamily Court ActAppellate ReviewSufficiency of EvidenceParental ResponsibilityChild Welfare
References
1
Case No. MISSING
Regular Panel Decision
Jan 19, 2001

In re Christina BB.

This case involves an appeal from an order of the Family Court of Cortland County, which granted a petitioner's application to adjudicate respondent's children as abused and/or neglected. The petitioner alleged the respondent exposed his 10-year-old son, Bradley, to a substantial risk of physical injury and that his daughters, Christina (11) and Victoria (6), were inadequately supervised and subjected to excessive corporal punishment. The Family Court found Bradley abused and all three children neglected, issuing an order placing respondent under supervision and temporarily enjoining contact with his children. The appellate court affirmed these findings, dismissing the respondent's procedural argument and upholding the lower court's conclusions regarding the BB gun incident and the children's emotional harm caused by the respondent's conduct.

Child abuseChild neglectFamily Court ActAppellate reviewPhysical injury riskCorporal punishmentPosttraumatic stress disorderInadequate supervisionEmotional impairmentBB gun incident
References
5
Case No. MISSING
Regular Panel Decision

In re Willard L.

Respondent's two children were removed from his care in 2002 due to incidents of domestic violence, drug use, and violations of protection orders. The petitioner subsequently initiated a proceeding to adjudicate the children as permanently neglected and to terminate respondent's parental rights, which the Family Court granted. On appeal, the court found that the petitioner made diligent efforts to strengthen the parental relationship by offering numerous counseling and treatment opportunities and arranging supervised visitation. However, the respondent failed to plan for his children's future by not correcting the conditions that led to their removal and not benefiting from the services provided due to his unwillingness to change. Considering the history of domestic violence, multiple violations of protection orders, respondent's admitted cocaine possession, arrests, and incarceration, alongside the children's successful placement in foster homes with potential for adoption, the court concluded that terminating respondent's parental rights was in the children's best interests. The order was affirmed.

Parental Rights TerminationPermanent NeglectDomestic ViolenceDrug AbuseOrders of ProtectionChild WelfareFamily Reunification EffortsBest Interests of the ChildAppellate ReviewSocial Services Law
References
13
Case No. ADJ4343203
Regular
Feb 06, 2015

PEDRO CABALLERO (DECEASED) vs. CONTINENTAL PUMPING, STATE COMPENSATION INSURANCE FUND

This case involves a deceased applicant whose death was determined by an Agreed Medical Evaluator to be unrelated to his industrial injury. The defendant sought dismissal of the claim, but the WCJ initially included a provision requiring all liens to be resolved first. The Appeals Board granted the defendant's Petition for Removal, finding no statutory basis to delay dismissal pending lien resolution, especially since lien claimants were properly served and did not object. The Board amended the Notice of Intent to Dismiss, removing the lien resolution requirement, and ordered the Application for Adjudication of Claim dismissed.

Petition for RemovalSkeletal PetitionNotice of Intent to DismissAgreed Medical EvaluatorDismissal for Failure to ProsecuteLien ClaimantsApplication for Adjudication of ClaimWorkers' Compensation Appeals BoardIndustrial InjuryCause of Death
References
0
Case No. MISSING
Regular Panel Decision
Jun 20, 2003

Consilvio v. Alan L.

The Supreme Court reversed a prior order that would have transferred a respondent from the Kirby Forensic Psychiatric Center, a secure facility, to a nonsecure psychiatric facility. The respondent had been confined since March 1998 after being adjudicated not responsible for crimes including rape, sexual abuse, kidnapping, and robbery. The court found that the respondent continued to suffer from a dangerous mental disorder, specifically antisocial personality disorder, and posed a physical danger to himself or others, contrary to the lower court's finding. Psychological evaluations indicated a high risk of reoffending due to a persistent lack of insight, remorse, and resistance to therapy. Consequently, the court granted the hospital's petition for a subsequent retention order, authorizing continued custody in a secure setting.

Antisocial Personality DisorderRetention OrderSecure Psychiatric FacilityNonsecure Psychiatric FacilityCriminal Procedure Law 330.20Dangerous Mental DisorderSexual AbuseRapeKidnappingRobbery
References
2
Case No. MISSING
Regular Panel Decision

Matter of Angelo AA.

This appeal concerns a Family Court order that adjudicated two children, Angelo AA. and Ryan CC., as permanently neglected and terminated respondent's parental rights. The respondent mother appealed this decision, arguing that the petitioner agency failed to make diligent efforts toward reunification. The appellate court found that the petitioner did make diligent efforts, providing services for respondent's aggressive behavior, parenting skills, drug dependency, and domestic violence issues. Despite completing some programs, the respondent continued to struggle with substance abuse, maintaining healthy relationships, and consistent mental health counseling. Consequently, the appellate court affirmed the Family Court's order, concluding that the children were permanently neglected and parental rights were appropriately terminated, also upholding the preclusion of an expert witness.

Parental Rights TerminationPermanent NeglectDiligent EffortsFamily ReunificationSubstance AbuseDomestic ViolenceParenting SkillsMental Health CounselingExpert Witness PreclusionDue Process
References
8
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